Lawyer's character

"Hello, Ms. Tao. I am Fang Yi, and this is my assistant Yun Qiao." Fang Yi introduced after entering the conference room.

"Hello, Lawyer Fang." Tao Xuehong stood up, shook hands with Fang Yi and Yun Qiao, and then sat back: "I came here mainly because of our Lao Mi's affairs. I think this is a trap set by the other party. .”

"Oh? Can you tell me what happened?" Fang Yi asked curiously.

"No problem, I have to tell you this from the beginning. Our old man and I both worked in hospitals. I was a surgeon and he was a traditional Chinese medicine doctor.

Later, Lao Mi spent many years studying rheumatism and developed a plaster specifically designed to treat rheumatism and rheumatoid arthritis. Later, some investors took a fancy to his research." Tao Xuehong told the story.

Lao Mi, whose name is Mi Jiahong, has been working in a traditional Chinese medicine hospital. Later, after he developed a plaster to treat rheumatism, he was targeted by the capital side. Every now and then, people were sent to ask him to come out and open a company together to sell the plaster he developed. commercialize.

Lao Mi couldn't resist the other party's repeated lies, and since he really wanted to commercialize the results of his research and development and earn profits from it, he agreed to the capital side. Later, he resigned from the Traditional Chinese Medicine Hospital and became the company's technical director and minority shareholder.

The capital side originally had a traditional Chinese medicine factory. After some transformation, it began to produce plasters for treating rheumatism. Later, after the operation of the capital side, the plasters were put on the market and the results were very good, and the company made a lot of money. Laomi also made huge profits from this.

Just the year before last, the company's board of directors elected Lao Mi as chairman and legal representative. He became the person directly responsible for the company's production, inventory, sales, and tax declaration.

After Lao Mi was promoted to the chairman of the board, his various benefits such as chauffeured cars and personal secretaries were greatly improved. He smiled so hard that all his teeth were missing. As the old saying goes, extreme happiness can lead to sadness. Just when he was feeling proud, the other party had already dug a hole and was waiting for him. He jumped down.

Half a year ago, during a routine inspection, the local tax department found that the company's costs and income did not match up. Usually, there is a certain proportion of how much raw materials the company imports and how much goods it exports. However, in the past year, this proportion has been obviously out of balance. Taxation The department immediately discovered the problem and launched a tax audit.

This investigation did not matter. The company was suspected of tax evasion amounting to more than 7.6 million yuan, accounting for 54.62% of the tax payable during the same period. The tax authorities transferred the case to the public security authorities.

Subsequently, Lao Mi was arrested by the public security organs for tax evasion, and the case was later transferred to the Procuratorate for review and prosecution.

"According to your statement, your husband Mi Jiahong is the legal representative of the company and is in charge of production, sales and tax declaration. Why do you say that the other party set him up? Do you have any evidence?" Fang Yi thought for a moment. said.

"I don't have any evidence. The tax evasion started after our old man took office. Although our old man doesn't understand management and can't read financial statements, he still knows how to pay taxes according to the law. It is absolutely impossible for him to instruct the people below to do it. This matter." Tao Xuehong explained.

"Your argument is acceptable when you tell me about it, but it won't hold up in court. The judge needs evidence to hear the case." Fang Yi retorted.

"The key point is that tax evasion will not benefit our family even a penny, and it will be implicated. What is he doing for this? It's unreasonable!" Tao Xuehong had no evidence in her hand and was worried.

"Ms. Tao, let's do this. I'll go meet and review the case first to see what's going on. If your husband is indeed wronged, I will defend his innocence.

If there is no evidence to prove that your husband is wronged, or if the other party's trap is perfect, we will try our best to reduce your husband's sentence and recommend that the court give him a lighter punishment. You can see it? "Fang Yi asked.

Just listening to the other party saying that there is no evidence will not lead to any results. What does it mean to be based on facts? It means to understand the facts of the case and then make a judgment.

There is a saying that goes well, without investigation, there is no right to speak, and blind beeping is useless.

"Okay, Lawyer Fang, I know you are an expert in criminal matters. I will leave our Lao Mi's case to you." Tao Xuehong nodded in agreement.

After completing the entrustment procedures and paying the fees, Fang Yi and Yun Qiao got busy.

One day later, Fang Yi took Yun Qiao to the northern city and met Mi Jiahong in the detention center.

Mi Jiahong is in his fifties, somewhat bald, and relatively fat. He seems to weigh about 200 pounds. His mental state is good.

After meeting Fang Yi, Mi Jiahong told what happened. The situation was probably similar to what his lover Tao Xuehong said.

"Mr. Mi, when you were the chairman of the company, you were in charge of the company's production, sales and financial work..." Fang Yi was halfway through speaking when Mi Jiahong waved at him.

"Lawyer Fang, you may have misunderstood me. Although I am the chairman of the company, in fact, apart from R\u0026D, I am only nominally involved in other aspects and do not participate in operations.

Moreover, I really don’t know about tax evasion. The actual operations of the company are handled by the company’s general manager Gong Zhaoguang. I am just a decoration for the ears of the deaf. "Mi Jiahong's year of bitterness.

"Then general manager Gong Zhaoguang was appointed by you or..." Fang Yi asked.

"General Manager Gong Zhaoguang was appointed by the investors, not me. They don't consult me ​​at all about what they want to do, and I can't control them.

In addition to the research and development of this company, I am really in charge of it. The finance, sales, and purchasing are all people sent by the investors. At first, I was pretty cool, and I felt that I had rights after becoming the chairman. Later I discovered that was not the case at all, and that I, the chairman, was the one taking the blame. Mi Jiahong said.

"So, the actual operating rights of the company are in the hands of the general manager?" Fang Yi asked.

"Yes. I am such a loser as the chairman. There are quite a lot of businesses that I am in charge of, but they are all on paper and have no actual rights.

Lawyer Fang, do you think my situation constitutes tax evasion? "Mi Jiahong looked at Fang Yi.

"How should I put it? The legal representative of the company, as the most important leading member of the company, plays a vital role in deciding important issues in the company under normal circumstances. When the company commits a crime, it is necessary to bear certain criminal liability.

However, it cannot be generalized. For some special circumstances, whether the legal representative needs to bear criminal responsibility depends on whether the legal representative has specifically intervened in the unit's criminal behavior and whether he has played an organizational, commanding, and decision-making role in the unit's crime process. In this way, to determine whether it constitutes a crime.

For example, if an individual decides to commit a unit crime ex officio, the person in charge who is directly responsible should bear the corresponding criminal liability.

Therefore, if there is evidence that proves that you did not know anything about the company's tax evasion and that it was all done by the people below, you may not be guilty of a crime.

Of course, the main thing is to look at the evidence. In the afternoon we will go to the procuratorate to review the case, and we will come to see you again before the trial to tell you the litigation plan. "Fang Yi explained.